re: supplemental brief filed on behalf of joint test ... · pdf file1 supplemental brief...
TRANSCRIPT
THE COUNTY COUNSEL
COUNTY OF ORANGE333 W. SANTA ANA BLVD., SUITE 407
SANTA ANA, CA 92701
MAILING ADDRESS: P.O. BOX 1379
SANTA ANA, CA 92702-1379(714)834-3300
FAX: (714) 834-2359
October 21, 2016
Julia Woo
Deputy(714)834-6046
LEON i. PAGE
COUNIT COUNSEL
ANNE. FLETCHER
JACK W. GOLDEN
MARIANNE VAN RIPER
SENIOR ASSISTANTS
JAMES C. BARMAN
ASSISTANT
KAREN L. CHRISTENSEN
JAMES C. HARVEY
ADRIENNESAUROHECKMAN
MARK R. HOWE
LAURA D. KNAPP
THOMAS A. -MAT' MILLER
NICOLE A. SIMS
DANAJ. STITS
SUPERVISING DEPUTIES
JASON C. BROWN
DIRECTOR OF ADMINISTRATION
JANELLEB PRICE
LAURIEA SHADE
DANIEL K SKEPHARD
JOYCE RILEY
STEVEN C MILLER
CAROLYN S FROST
ROBERT N ERVAIS
NIKHILG DAFTARV
JEANHIESU
WENDY J PHILLIPS
TERl L MAKSOUDIAN
ANGELICA CASTILLO DAFTARY
MICHAEL A HAUBiRT
BRADR POSIN
SAUL REYES
AURELIO TORRE
MARK D SERVmO
DEBBIETORREZ
JACQUELINEGUZHANANDREA COLLER
PAULM ALBARIAN
D.KEVIN DUNN
LORI A TORRISI
MASSOUDSHAMEl
SHARON ViaORIADURBIN
REBECCAS LEEDS
NICOLE M WALSH
ELIZABETH A PEJEAU
UURENC KRAMER
GABRIEL! BOWNE
JULIAC WOO
LAUREL M TIPPETT
MARK A BATARSE
ADAMC CLANTON
KRISTEN K LECONC
ERICA DIVINE
JAMES D P STEINMANN
VANESSA D ATKINS
SUZANNE E SHOAI
DEBORAH B MORSE
MATTHEWS SPRISSLER
KAYLAN WATSON
CAROLYN M KHOJZAM
ANNIE J LOO
RONALDT MAGSAYSAY
JOHN P CLEVELAND
SAM.AR.AaELCARDE
CHRISTOPHERS ANDERSON
JUSTIN A GRAHAM
flRITTANY MtLEAN
JEFFREY A STOCK
MARKN SANCHEZ
GOLNAZZANDIEH
CYNTHIA G INDA
STEPHANIE L WATSON
DEPUTIES
VIA DROP BOX
Ms. Heather HalseyExecutive Director
Commission on State Mandates
980 Ninth Street, Suite 300
Sacramento, CA 95814
Re: Supplemental Brief Filed on Behalf of Joint Test Claimants RegardingDepartment of Finance, et al v. Commission on State Mandates, (2016) I Cal. 5th 749,and Test Claim 09-TC-03 Santa Ana Regional Water Permit - Orange County
Dear Ms. Halsey;
Attached please find a Supplemental Brief discussing the opinion of the CaliforniaSupreme Court in Department ofFinance, et al v. Commission on State Mandates, (2016) 1 Cal.5th 749. This brief is submitted in response to your letter dated September 21, 2016, requestingsupplemental briefing concerning how this case applies to Test Claim 09-TC-03 Santa AnaRegional Water Permit - Orange County.
This Supplemental Brief is being submitted by the County of Orange and the OrangeCounty Flood Control District and on behalf of the Cities of Anaheim, Brea, Buena Park, CostaMesa, Cypress, Fountain Valley, Fullerton, Huntington Beach, Irvine, Lake Forest, NewportBeach, Placentia, Seal Beach and Villa Park (collectively, "Joint Test Claimants")-
The Joint Test Claimants respectfully request the opportunity to further discuss theimpact of the Supreme Court's decision in future briefing before the Commission. If you oryour staff have any questions concerning the Supplemental Brief, please do not hesitate tocontact me.
Very truly yours,
LEON J. PAGE
COUNTY COUNSEL
By.
JCW:po
cc: Service List (via Drop Box)
Julia Woo,
RECEIVED
Commission onState Mandates
October 21, 2016
1
SUPPLEMENTAL BRIEF DISCUSSING
DEPARTMENT OF FINANCE v. COMMISSION ON STATE MANDATES,
California Supreme Court, Case No. 214855 (Aug. 29, 2016)
TEST CLAIM 09-TC-03: SANTA ANA REGIONAL WATER PERMIT – ORANGE
COUNTY
This brief is filed on behalf of joint test claimants County of Orange, the Orange County
Flood Control District and the Cities of Anaheim, Brea, Buena Park, Costa Mesa, Cypress,
Fountain Valley, Fullerton, Huntington Beach, Irvine, Lake Forest, Newport Beach, Placentia,
Seal Beach and Villa Park in Test Claim 09-TC-03 (“Joint Test Claimants”) in response to the
request of the Commission on State Mandates in a letter dated September 21, 2016 for additional
briefing concerning the impact of a recent opinion of the California Supreme Court in Department
of Finance v. Commission on State Mandates, Case No. S214855 (slip op. Aug. 29, 2016).
The Joint Test Claimants first discuss the key holdings made by the Supreme Court in
Department of Finance and then apply those holdings to the issues raised in Test Claim 09-TC-03
regarding the requirements of Santa Ana Water Board Order No. R8-2009-0030, which is the
municipal separate storm sewer system (“MS4”) permit for the Joint Test Claimants (the
“Permit”).
I. Department of Finance Has Established a Clear Test for Considering Test Claims
Involving Municipal Storm Water Permits with Federal and State Requirements
In Department of Finance, the California Supreme Court addressed a question considered
by several courts and this Commission:1 Are requirements imposed by state water boards on local
agencies in MS4 permits exclusively “federal” mandates, exempt from the requirement for the
State to provide for a subvention of state funds under Article XIII B, section 6 of the California
Constitution?
The Supreme Court set forth the test of what constitutes a federal versus a state mandate in
the context of MS4 permits, as well as who gets to make that determination under the California
Constitution. That test is:
If federal law compels the state to impose, or itself imposes, a requirement, that
requirement is a federal mandate. On the other hand, if federal law gives the state
discretion whether to impose a particular implementing requirement, and the state
exercises its discretion to impose the requirement by virtue of a “true choice,” that
requirement is not federally mandated.
Slip op. at 18.
1 This issue has been pending since 2007, when former Govt. Code, § 17516, subd. (c), which
prohibited test claims involving orders of the regional or state water boards, was declared
unconstitutional in County of Los Angeles v. Commission on State Mandates (2007) 150 Cal.
App.4th 898, 904, 920.
2
Department of Finance involved a challenge to the decision of the Commission in Test
Claims 03-TC-04, -19, -20 and -21, which found that certain provisions in the 2001 Los Angeles
County MS4 permit in fact constituted state mandates and, concerning a provision requiring the
installation and maintenance of trash receptacles at transit stops, required a subvention of state
funds. The Commission similarly found, in Test Claim 07-TC-09, that a number of provisions in
the 2007 San Diego County MS4 permit constituted state mandates. That test claim is presently
on appeal with the Court of Appeal.
Significantly, the process that the Commission used to evaluate these two test claims,
which examined federal statutory or regulatory authority for the MS4 permit provisions at issue,
at the text of previous permits, at evidence of other permits issued by the federal government and
at evidence from the permit development process, was validated by the Supreme Court in
Department of Finance. In affirming the Commission’s decision in regards to the Los Angeles
County test claims, the Court explicitly rejected the argument which has been repeatedly raised by
the State in both Test Claim rebuttals and in court filings, i.e., that the provisions were simply
expressions of the “maximum extent practicable” (“MEP”) standard required of stormwater
permittees in the CWA,2 and thus represented purely federal mandated requirements, exempt from
consideration as state mandates pursuant to Govt. Code, § 17756, subd. (c).
A. The Supreme Court Applied Mandates Case Law in Reaching Its Decision
Key to the Supreme Court’s decision is its careful application of existing mandate
jurisprudence in determining whether an MS4 permit provision was a federal, as opposed to state,
mandate. The Commission must also apply those key cases in its determination of this Test Claim.
The question posed by the Court was this:
How to apply [the federal mandate] exception when federal law requires a local agency to
obtain a permit, authorizes the state to issue the permit, and provides the state discretion
in determining which conditions are necessary to achieve a general standard established
by federal law, and when state law allows the imposition of conditions that exceed the
federal standard.
Slip op. at 15.
The Court considered three key cases, starting with City of Sacramento v. State of
California (1990) 50 Cal.3d 51. In City of Sacramento, the Court found that a state law requiring
local governments to participate in the State’s unemployment insurance program was in fact
compelled by federal law, since the failure to do so would result in the loss of federal subsidies
and federal tax credits for California corporations. The Court found that because of the “certain
and severe federal penalties” that would accrue, the State was left “without discretion” (italics in
slip op.) and thus the State “’acted in response to a federal “mandate.”’” Department of Finance,
slip op. at 16, quoting City of Sacramento, 50 Cal.3d at 74.
The Court next reviewed County of Los Angeles v. Commission on State Mandates (1995)
32 Cal.App.4th 805, in which the county alleged that a state requirement to provide indigent
criminal defendants with funding for experts was a state mandate. The court disagreed, finding
that because this requirement reflected a binding Supreme Court precedent interpreting the federal
2 33 U.S.C. §1342(p)(3)(B)(iii).
3
Constitution (Gideon v. Wainwright (1963) 372 U.S. 335), even absent the state law, the county
still would have been bound to fund defense experts. Thus, the legislation simply “codified an
existing federal mandate.” Slip op. at 16.
The Court finally considered Hayes v. Commission on State Mandates (1992) 11
Cal.App.4th 1564, where a state plan adopted under a federal special education law required local
school districts to provide disabled children with certain educational opportunities. While the state
argued that the plan was federally mandated, the Hayes court found that this was merely the
“starting point” of its analysis, which was whether the “’manner of implementation of the federal
program was left to the true discretion of the state.”” Slip op. at 17, quoting Hayes at 1593
(emphasis in slip op.). Hayes concluded that if the State “’freely chose to impose the costs upon
the local agency as a means of implementing a federal program then the costs are the result of a
reimbursable state mandate regardless whether the costs were imposed upon the state by the federal
government.’” Slip op. at 17, quoting Hayes at 1594.
From these cases, the Supreme Court distilled the “federally compelled” test set forth
above, holding that “if federal law gives the state discretion whether to impose a particular
implementing requirement, and the state exercises its discretion to impose the requirement by
virtue of a “true choice,” that requirement is not federally mandated. Slip op. at 18. The Court
also held that it is the State, not the test claimants, which has the burden to show that a challenged
permit condition was mandated by federal law. Slip op. at 23.
Thus, the Commission must employ this test, and allocate to the State the burden of proof,
when determining whether a requirement in an MS4 permit is a state or federal mandate.
B. The Court Examined the Nature of Clean Water Act MS4 Permitting and
Determined That the Water Boards Have Great Discretion in Establishing
Permit Requirements
In Department of Finance, the Supreme Court reviewed the interplay between the federal
CWA and California law set forth in the Water Code (slip op. at 20-21) and determined that with
respect to the adoption of MS4 permits, the State had chosen to administer its own permitting
program to implement CWA requirements (Water Code §13370(d)). Thus, this case was different
from a situation where the State was compelled to administer its own permitting system.
The Court found that the State’s permitting authority under the CWA was similar to that in
Division of Occupational Safety & Health v. State Bd. Of Control (1987) 189 Cal.App.3d 794.
There, the State had the choice of being covered by federal occupational safety and health
(“OSHA”) requirements or adopting its own OSHA program, which had to meet federal minimums
and had to extend its standards to State and local employees. In that case, state OSHA
requirements called for three-person firefighting teams instead of the two-person teams that would
have been allowed under the federal program. The court found that because the State had freely
exercised its option to adopt a state OSHA program, and was not compelled to do so by federal
law, the three-person team requirement was a state mandate.
The Supreme Court also distinguished the broad discretion provided to the State under the
federal CWA stormwater permitting regulations with the facts in City of Sacramento, supra, where
the State risked the loss of subsidies and tax credits if it failed to comply with federal law:
4
Here, the State was not compelled by federal law to impose any particular requirement.
Instead, as in Hayes, supra . . . the Regional Board has discretion to fashion
requirements which it determined would meet the CWA’s maximum extent practicable
standard.
Slip op. at 21 (citation omitted). The Court held that the EPA regulations “gave the Board
discretion to determine which specific controls were necessary to meet the [MEP] standard” Id.
C. The Court Rejected the State’s Argument That the Commission Must Defer
to the Water Board’s Determination of What Constitutes a Federal
Mandate
The Supreme Court rejected one of the State’s key arguments, where it argued that the
Commission should defer to a regional board’s determination of what in a stormwater permit
constitutes a federal, versus state, mandate. Slip op. at 21-24.
The Court first addressed whether the Commission ignored “the flexibility in the CWA’s
regulatory scheme, which conferred discretion on the State and regional boards in deciding what
conditions were necessary to comply with the CWA” and whether the Los Angeles County MS4
permit “itself is the best indication of what requirements would have been imposed by the EPA if
the Regional Board had not done so,” such that the Commission “should have deferred to the
board’s determination of what conditions federal law required.” Slip op. at 21 (emphasis in
original).
The Court flatly rejected these arguments, finding that in issuing the permit, “the Regional
Board was implementing both state and federal law and was authorized to include conditions more
exacting than federal law required. [citation omitted]. It is simply not the case that, because a
condition was in the Permit, it was, ipso facto, required by federal law.” Id. at 21-22. The Court
cited as authority City of Burbank v. State Water Resources Control Bd. (2005) 35 Cal.4th 613,
where it held (over water board objections) that a federal National Pollutant Discharge Elimination
System (“NPDES”) permit issued by a water board (such as the Permit in this Test Claim) may
contain State-imposed conditions that are more stringent than federal law requirements. Id. at 627-
28.
The Court next addressed the Water Boards’ argument that the Commission should have
deferred to the regional board’s conclusion that the challenged requirements in the Los Angeles
County MS4 permit were federally mandated. Finding that this determination “is largely a
question of law,” the Court distinguished situations where the question involved the regional
board’s authority to impose specific permit conditions from those involving the question of who
would pay for such conditions. In the former situation, “the board’s findings regarding what
conditions satisfied the federal [MEP] standard would be entitled to deference.” Slip op. at 22.
But, the Court held,
Reimbursement proceedings before the Commission are different. The question here was
not whether the Regional Board had authority to impose the challenged requirements. It
did. The narrow question here was who will pay for them. In answering that legal question,
the Commission applied California’s constitutional, statutory, and common law to the
single issue of reimbursement. In the context of these proceedings, the State has the
burden to show the challenged conditions were mandated by federal law.
5
Id. at 22-23.
The Court explained that “the State must explain why federal law mandated these
requirements, rather than forcing the Operators to prove the opposite.” In establishing that burden
on the State, the Court held that because article XIII B, section 6 of the Constitution established a
“general rule requiring reimbursement of all state-mandated costs,” a party claiming an exception
to that general rule, such as the federal mandate exception in Govt. Code section 17556,
subdivision (c), “bears the burden of demonstrating that it applies.” Slip op. at 23.
The Supreme Court concluded that the State’s proposed rule of “requiring the Commission
to defer to the Regional Board” would “leave the Commission with no role to play on the narrow
question of who must pay. Such a result would fail to honor the Legislature’s intent in creating
the Commission.” Slip op. at 22. In doing so, the Court looked to the policies underlying Article
XIII B section 6, and concluded that the Constitution “would be undermined if the Commission
were required to defer to the Regional Board on the federal mandate question.” Id.
The Court noted that the “central purpose” of article XIII B is to rein in local government
spending (citing City of Sacramento, supra, 50 Cal.3d at 58-9) and that the purpose of section 6
“is to protect local governments from state attempts to impose or shift the costs of new programs
or increased levels of service by entitling local governments to reimbursement” (citing County of
San Diego v. State of California (1997) 15 Cal. 4th 68, 81), slip op. at 23, emphasis supplied).
Requiring the State to establish that a permit requirement is federally mandated, the Court found,
“serves these purposes.” Id.
D. Applying Its Test, the Court Upheld the Commission’s Determination that
Inspection and Trash Receptacle Requirements In The Los Angeles County
MS4 Permit Were State Mandates
Applying the “federally compelled” test, the Supreme Court reviewed and upheld the
Commission’s determination that the inspection and trash receptacle requirements in the Los
Angeles County MS4 Permit were, in fact, state mandates.
1. The Inspection Requirements
The test claimants had argued in Department of Finance that a requirement in the Los
Angeles County MS4 Permit that the MS4 operators inspect certain industrial facilities and
construction sites was a state mandate. The Commission agreed and the Supreme Court upheld
that determination, citing the grounds employed by the Commission.
First, the Court noted that there was no requirement in the CWA, including the MEP
provision, which “expressly required the Operators to inspect these particular facilities or
construction sites.” Slip op. at 24. While the Act made no mention of inspections, the
implementing federal regulations required inspections of certain industrial facilities and
construction sites (not at issue at the test claim) but did not mention commercial facility inspections
“at all.” Id. Second, the Court agreed with the Appellants that state law gave the regional board
itself “an overarching mandate” inspect the facilities and sites. Id.
The Court further found that with respect to the requirement of the operators to inspect
facilities covered by general industrial and general construction stormwater permits, “the State
Board had placed responsibility for inspecting facilities and sites on the Regional Board” and that
6
in fact the State Board was authorized to charge a fee for permittees, part of which “was earmarked
to pay the Regional Board for ‘inspection and regulatory compliance issues.’” Slip op. at 25
(emphasis in original), citing Water Code, § 13260(d) and §13260, subd. (d)(2)(B)(iii). The Court
further cited evidence before the Commission that the regional board had offered to pay the County
to inspect industrial facilities, an offer that made no sense “if federal law required the County to
inspect those facilities.” Id.
The Court, citing Hayes, supra, found that the regional board had primary responsibility
for inspecting the facilities and sites and “shifted that responsibility to the Operators by imposing
these Permit conditions.” Id. The Court further rejected the State’s argument that the inspections
were federally mandated “because the CWA required the Regional Board to impose permit
controls, and the EPA regulations contemplated that some kind of operator inspections would be
required.” Slip op. at 26. The Court held that the mere fact that federal regulations “contemplated
some form of inspections, however, does not mean that federal law required the scope and detail
of inspections required by the Permit conditions.” Id. (emphasis supplied).
2. The Trash Receptacle Requirement
The Supreme Court also upheld the Commission’s determination that a requirement for
certain Los Angeles County MS4 permittees to place trash receptacles at transit stops represented
a state mandate.
The Court first found, as did the Commission, that while MS4 operators were required to
“include a description of practices and procedures in their permit application,” the permitting
agency had “discretion whether to make those practices conditions of the permit.” Slip op. at 27.
As the Commission found, there was no CWA regulation cited by the State which required trash
receptacles at transit stops, and there was evidence that EPA-issued permits in other cities did not
require trash receptacles at transit stops. Id. This latter fact, that “the EPA itself had issued permits
in other cities, but did not include the trash receptacle condition,” in the Court’s view, “undermines
the argument that the requirement was federally mandated.” Id.
II. Application of the Supreme Court’s Test in Department of Finance Must Lead
to the Conclusion that the Permit Conditions at Issue in this Test Claim are State
Mandates
The Supreme Court has provided the Commission with a clear test that it can apply in
evaluating whether an MS4 permit provision in fact represents a federal or state mandate, and
where the burden of persuasion lies. In this section, the Joint Test Claimants set forth how
Department of Finance, when applied in evaluating the Permit provisions at issue in this Test
Claim, must lead this Commission to conclude that the provisions represent state mandates.3
Before turning to the elements of the Test Claim and how the Supreme Court’s decision in
Department of Finance impacts those elements, we wish to address how the opinion addresses
3 The Supreme Court did not address the issue of whether the state mandates in the Los Angeles County
MS4 permit were unfunded, and that issue is therefore not addressed in this Supplemental Brief.
7
some of the State’s general rebuttal arguments made in letters to the Commission in response to
the Test Claim.4
A. The Supreme Court’s Decision Rejects the Reasoning Employed by the
State to Support Its Position that the Challenged Provisions Represented
Federal Mandates
The Santa Ana Water Board (“SAWB”) argued in a letter dated March 9, 2011 (“SAWB
Letter”) that the NPDES permitting program constituted a federal mandate which applies directly
to local governments, that the State has not shifted any burden to local governments and that the
mandates did not exceed federal law. SAWB Letter at 12-17. Those arguments, however, no
longer have validity in light of Department of Finance.
The SAWB first states (Letter at 2) that “Federal law, not state law, mandates the issuance
of the Permit as a whole, including the challenged provisions.” The Board further argued that it
was mandated by federal law to “prescribe the BMPs [best management practices] that the MS4
must implement.” Id. at 13. This argument was considered and rejected by the Supreme Court,
when it held that the permit requirements are not federal mandates simply because they are
contained in an NPDES permit. Slip op. at 21. Instead, “in issuing the Permit, the Regional Board
was implementing both state and federal law.” Id. In the case of the Los Angeles County MS4
permit requirements, “[i]t is clear federal law did not compel the Regional Board to impose these
particular requirements.” Slip op. at 20. The Court held further that the regional board there “was
not required by federal law to impose any specific permit conditions.”
The SAWB also criticized the approach of the Commission in relying on Hayes, supra and
Long Beach Unified School Dist. v. State of California (1990) 225 Cal.App.3d 155, in determining
the existence of state mandates. SAWB Letter at 13. In particular, the Board criticized the
Commission’s approach in assessing state mandates in the 2007 San Diego County permit, where
the Commission examined whether federal law or regulation required a municipality to adopt or
implement a hydromodification plan. It is this particularized approach, however, not simple
deference to the MEP standard that the Supreme Court upheld in Department of Finance. See slip
op. at 24 (the CWA “makes no mention of inspections” . . . .”The regulations do not mention
commercial facility inspections at all.”)
The SAWB also criticized the Commission for what it considered a misapplication of the
holding in Hayes, arguing that the Board did not have “the choice to avoid imposing pollution
controls in MS4 permits” and claiming that the Permit “did not shift any federal mandate from the
4 These are a letter dated March 9, 2011 from David Rice, Esq., Staff Counsel in the Office of Chief
Counsel, State Water Resources Control Board, on behalf of the Santa Ana Water Board and a letter dated
March 9, 2011 from Nona Martinez, Assistant Program Budget Manager for the Department of Finance.
The Joint Test Claimants do not address arguments in these letters that were not germane to the Supreme
Court’s decision, such as whether the permit requirements were new programs or higher levels of service
or whether funding was available, though these other arguments were addressed in the Joint Test
Claimants’ Joint Narrative Statement in Rebuttal filed with the Commission on June 17, 2011
(“Rebuttal”). The Department of Finance letter essentially makes the legal arguments made by the Water
Board in its letter, and thus will not be addressed in this Supplemental Brief.
8
state to the Claimants.” Letter at 16-17. The issue, however, is not whether the regional board had
a choice as to whether to impose pollution controls. The issue was whether the regional board
freely chose the particular pollution controls at issue. As discussed above, the Supreme Court
cited Hayes to show that where a state agency “freely chose” to impose costs on the local agency
as a means of implementing a federal program, those costs were a reimbursable state mandate. As
the Court held, “as in Hayes, supra, [citation omitted], the Regional Board had discretion to fashion
requirements which it determined would meet the CWA’s maximum extent practicable standard.”
B. The Supreme Court Made Clear That Test Claimants Need Not
Challenge The Federal Nature of MS4 Permit Requirements Before the Water
Boards
The SAWB argued that “the question of whether permit provisions exceed the MEP
standard is more properly brought before the State Water Board” and that the Joint Test Claimants
should have exhausted that administrative remedy before the State Water Board. Failing to do so,
argued the Board, would allow “the Commission to adjudicate a matter properly within the
expertise and jurisdiction of the State Water Board.” SAWB Letter at 18-19.
As noted in Section I.C above, the Supreme Court flatly rejected arguments made by the
State that the Commission should defer to the findings of the water boards as to the federal/state
nature of mandates in stormwater permits. Slip op. at 21-24. The Court held that the Commission
is the sole and exclusive venue for determination of this question and that no deference is owed to
the Water Boards. Moreover the Court held that it is the Water Boards which bear the burden of
establishing this exception to the requirement to reimburse unfunded state mandates. Slip op. at
22-23. Department of Finance makes clear that issues of whether a permit requirement constitutes
a state mandate must be heard by the Commission, which has exclusive jurisdiction over such
matters.
C. Application of the Supreme Court’s Decision to the Issues Raised in the
Joint Test Claim Supports A Finding That They Constitute Unfunded State
Mandates
Test Claim 09-TC-03 concerns the following provisions of Santa Ana Water Board Order
No. R8-2009-0030:
1. Section XVIII of the Permit incorporated several existing and proposed Total
Maximum Daily Load (“TMDL”) programs in a fashion that constitute state mandates.
Specifically, the Joint Test Claimants allege that the following requirements constitute such state
mandates:
The requirement in Permit provisions XVIII.B.1 through B.4 to strictly achieve
numeric effluent limits in waste load allocations established for toxic pollutants in San
Diego Creek and Newport Bay;
The requirement in Permit provision XVIII.B.5 to strictly achieve numeric effluent
limits in waste load allocations established for a TMDL for Organo-Chlorine
9
Compounds in San Diego Creek and Newport Bay and a requirement to comply with a
State-adopted TMDL prior to its approval by EPA;
The requirement in Permit provision XVIII.B.7 to develop TMDLs for metals and
selenium in the Newport Bay watershed and the requirement in provision XVIII.B.8
for permittees to establish a “Cooperative Watershed Program” to meet the
requirements of a selenium TMDL implementation plan and to implement that plan
upon Water Board approval;
The requirement in Permit provision XVIII.B.9 for permittees to develop a Constituent
Specific Source Control Plan, including a monitoring program, for the Coyote Creek
and San Gabriel River TMDL for metals and selenium;
The requirement in Permit provision XVIII.C.1 that permittees strictly comply with
numeric effluent limits in waste load allocations under a TMDL for fecal
coliform/bacteria in Newport Bay; and
The requirement in Permit provision XVIII.D.1 that permittees strictly comply with
numeric effluent limits in waste load allocations for Diazinon and Chlorphyrifos in San
Diego Creek and Chlorphyrifos in Newport Bay.
2. The application of low impact development (“LID”) and hydromodification
requirements in Sections XII.B through XII.E of the Permit to public projects.
3. The requirement in Section XIII of the Permit to undertake specific public
education requirements.
4. The requirement in Section XI of the Permit for permittees to develop a program to
reduce discharges of pollutants from residential facilities through specific program elements.
5. The requirement in Sections IX and X of the Permit (relating to municipal
inspections of industrial and commercial facilities) that permittees develop a Geographical
Information System (“GIS”) for industrial facilities and specified commercial facilities and
conduct additional inspections.
The impact of the Supreme Court’s decision on these claims is discussed below.
1. TMDL Provisions
As set forth in the Narrative Statement in Support of the Joint Test Claim (“Narrative
Statement”) (pages 9-27) and the Rebuttal (pages 24-39), the TMDL provisions in the Permit
constitute reimbursable state mandates. First, the Permit’s incorporation of the TMDL waste load
allocations as strict numeric effluent limitations represents a discretionary act of the SAWB that
exceeds the approach called for in the CWA, which is to implement such waste load allocations
through control measures called “best management practices” (“BMPs”). As set forth more fully
in the Rebuttal (see pages 24-39), the plain language of the CWA and its implementing regulations,
10
case law, and the nature of the California Toxics Rule (which forms the basis for many of the
numeric effluent limits) demonstrate that the SAWB in fact had, and made, a “true choice” in
requiring compliance with such limits.
In Department of Finance, the Supreme Court established this test for an MS4 permit
requirement: a federal mandate exists if federal law compelled the State to impose the requirement
or itself imposed the requirement. On the other hand, “if federal law give the state discretion
whether to impose a particular implementing requirement, and the state exercises its discretion to
impose the requirement virtue of a ‘true choice,’ the requirement is not federally mandated.” Slip
op. at 18. As explained further in the Narrative Statement (11-16) and the Rebuttal (14-22), federal
law does not require the imposition of strict numeric effluent limitations.
Here, the SAWB has exercised its discretion to impose a requirement as part of its “true
choice.” The Supreme Court held that when a water board exercises its discretion in specifying the
manner of implementation of requirements in a stormwater permit, such as implementation of a
TMDL, it is creating a state mandate. See Slip op. at 20-21. The SAWB chose to incorporate the
TMDLs at issue with numeric effluent limitations, instead of requiring the permittees to achieve
compliance with the TMDLs’ waste load allocations with BMPs.
The Joint Test Claimants note that the State Board has itself concluded, in a 2015
precedential order binding on all regional water boards, that the decision to implement WLAs
through numeric effluent limits in Water Quality Based Effluent Limitations (“WQBELs”) is
discretionary, not mandatory: “The permitting authority [has] discretion as to how to express the
WQBEL(s), either as numeric effluent limitations or as BMPs[.]” State Board Order No. WQ
2015-0075, at 11. This recognition of discretion extended also to the State Board’s recognition
that “requiring strict compliance with water quality standards (e.g., by imposing numeric effluent
limitations is at the discretion of the permitting agency.” Id. at 10 (emphasis supplied). The Joint
Test Claimants will provide the Commission with a copy of this Order in future briefing.
Second, the Permit’s requirement that permittees were to comply with TMDLs prior to
their approval by EPA can in no sense be explained as an act required by the CWA, since it is one
made by a state agency to require actions to implement a TMDL that is not yet approved by the
federal EPA, and thus is not federally enforceable. Such act is one of pure discretion by the
SAWB, without compulsion by the CWA, and thus constitutes a requirement that is not federally
compelled under the Department of Finance test.
Third, the Permit’s requirement that permittees are to “participate in the development” of
TMDLs is a classic example of the shifting of federal responsibility from the State to local
government. This shift of federal responsibility was discussed in Department of Finance when
the Supreme Court determined that the State there had transferred inspection requirements
imposed on regional water boards to the permittees: “The Regional Board exercised its discretion
under the CWA, and shifted that obligation to the [MS4] Operators.” Slip op. at 25.
Here, the CWA requires states to develop TMDLs for pollutants in waters where beneficial
uses are found to be impaired due to the presence of those pollutants. 33 U.S.C. § 1313(d) (“Each
State shall establish for the waters identified . . . the total maximum daily load, for those pollutants
which the Administrator identifies . . . as suitable for such calculation.”) (emphasis supplied). By
11
shifting in part the responsibility to develop TMDLs to the permittees, the SAWB to that extent
created a reimbursable state mandate.
Fourth, the requirement to create and implement a “Cooperative Watershed Program” and
a “constituent specific source control plan” and monitoring program associated with the selenium
TMDL in San Diego Creek and Newport Bay and the Coyote Creek TMDL similarly are new
programs, adopted at the discretion of the SAWB, which represent reimbursable state mandates.
Neither the CWA nor its implementing regulations requires such programs, as discussed in the
Rebuttal at pages 37-38. In the absence of any such authority, it is clear that the programs were
not “federally compelled” within the meaning of Department of Finance. See also the Court’s
discussion of the trash receptacle requirement in the Los Angeles County MS4 permit at issue in
the case, where, similarly, there was no statutory or regulatory requirement for the receptacles.
Slip op. at 26-27.
2. Low Impact Development and Hydromodification Requirements
As set forth in the Narrative Statement (pages 27-36) and the Rebuttal (pages 39-43), the
application to public development projects of the requirements set forth in Section XII of the
Permit to require the Permit’s LID and hydromodification requirements are state mandates. The
imposition of these requirements illustrates one of the key points made by the Supreme Court in
Department of Finance, that general federal regulatory requirements (here a general requirement
to address discharges from “areas of new development and significant redevelopment,” 40 CFR
§122.26(d)(2)(iv)(A)) do not constitute a federal mandate for the highly specific elements included
in the Permit’s LID or hydromodification requirements.
These Permit requirements include, but are not limited to, developing programs to
incorporate water quality protections into development projects, including BMPs for various tasks,
infiltrating and otherwise treating water from the 85th percentile storm event, maintaining or
replicating pre-development hydrologic regimes, taking steps to address changes in hydrology and
pollutant loading from projects, and evaluating project downstream erosion impacts and, as
required, implement in lieu/mitigation projects.
As the Supreme Court held, citing Hayes, where an agency such as the SAWB
implemented a general federal requirement, it was exercising its discretion and exercising a “true
choice” when it imposed the detailed and prescriptive LID and hydromodification provisions. Slip
op. at 25. The LID and hydromodification requirements were not compelled by federal law and,
again, represented the exercise of the SAWB’s discretion to include those requirements in the
Permit.
3. New Public Education Requirements
Department of Finance supports the position of the Joint Test Claimants that the public
education requirements in Section XIII of the Permit are reimbursable state mandates. As set forth
in the Narrative Statement (37-41) and Rebuttal (43-46), the Permit imposed significant new and
detailed public education requirements over and above the requirements of the 2002 permit, all
without any support in the governing federal CWA regulations, which require only “educational
12
activities” for commercial pesticide/herbicide or fertilizer applicators and distributors,
“educational activities” to facilities proper management of used oil and toxic materials and
“educational and training measures” for construction site operators. 40 CFR §
122.26(d)(2)(iv)(A)(6), (B)(6) and (D)(4).
The Permit requires the permittees to, among other things, complete a survey, target
specific industrial and commercial sectors as well as residential and community activities, conduct
workshops, develop BMP guidance and public education materials on illegal and unauthorized
dumping and discharges and develop and implement mechanisms for public participation in
planning activities.
In Department of Finance, the Supreme Court reviewed general federal regulatory
provisions regarding inspections to see if they justified the inspection provisions in the Los
Angeles County permit. Slip op. at 24-26. Having parsed those regulations, the Court determined
that they did not establish the federal character of the inspection obligations:
The State argues the inspection requirements were federally mandated because the CWA
required the Regional Board to impose permit controls, and the EPA regulations
contemplated that some kind of operator inspections would be required. That the EPA
regulations contemplated some form of inspections, however, does not mean that federal
law required the scope and detail of inspections required by the Permit conditions.
Slip op. at 26. See also the Court’s disposition of the trash receptacle requirement in the Los
Angeles County permit, where it found that “[n]o regulation cited by the State required trash
receptacles at transit stops.” Id. at 27.
The specificity and scope of the public education requirements in the Permit similarly go
well beyond federal regulatory authority, and demonstrate that the SAWB was exercising its
discretion to impose state mandated requirements on the permittees. As the Rebuttal notes, the
SAWB set forth no findings that the additional public education requirements were required “to
address any deficiencies of the existing program” or were “necessary to address specific pollutants
of concern . . .” Rebuttal at 45. Given the lack of such findings, it cannot be argued the additional
public education conditions “were the only means by which the [MEP] standard could be
implemented,” where deference to the board’s expertise in reaching that finding would be
appropriate. Slip op. at 22.
4. New Residential Facilities Requirements
The Supreme Court’s decision similarly supports the Joint Test Claimants’ position that
the specific and detailed residential facilities requirements are state mandates.
As set forth in the Narrative Statement (42-44) and Rebuttal (46-47), Section XI of the
Permit establishes specific and detailed requirements to address pollutants generated in residential
areas. These requirements include, but are not limited to, developing and implementing a
residential program to reduce the discharge of pollutants to the MS4, identifying specified
residential areas and activities that are potential sources of pollutants and encouraging pollution
13
prevention measures, facilitating the collection of oil and hazardous materials, developing a pilot
program to control pollutant discharges from common interest areas and areas managed by
homeowner associations or management companies and evaluating the residential program in
annual reports.
As with the public education requirements, the authorizing federal regulation (40 CFR
§122.26(d)(2)(iv)(A)) requires only that unspecified “structural and source control measure to
reduce pollutants from runoff from commercial and residential areas” be included in MS4 permits.
The Supreme Court, as noted above, rejected similar claims that general federal regulatory
requirements gave the Water Board federal authority to impose the kind of specific permit
requirements contained in Section XI.
5. GIS and Inspection Requirements for Industrial and Commercial Facilities
As set forth in the Narrative Statement (45-51) and the Rebuttal (47-51), Section IX.1 of
the Permit included a new requirement to employ a GIS with certain formatting to inventory
industrial facilities and Section X.1 required both a GIS inventory of commercial facilities and the
additional requirement for municipalities to inspect 11 additional categories of commercial
facilities.
The federal stormwater regulations only require that the permit include an “inventory” of
sources associated with industrial activity (40 CFR § 122.26(d)(2)(ii)). This regulation does not,
however, require the use of GIS technology. The Joint Test Claimants’ Rebuttal (pages 50-51)
further establishes that there were feasible alternatives to the use of GIS. As with the additional
inspection and trash receptacle requirements in the Los Angeles County MS4 permit at issue in
Department of Finance, the SAWB freely chose to impose such additional specific requirements
in the Permit, thus rendering them reimbursable state mandates. Slip op. at 24-27.
Similarly, there is no federal requirement for the use of GIS technology or the inspection
of commercial facilities, including the additional facility types added in the Permit. Under
Department of Finance, such requirements are reimbursable state mandates.
* * *
The Joint Test Claimants appreciate this opportunity to provide this Supplemental Brief on
the impact of the California Supreme Court’s decision in Department of Finance.
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COMMISSION ON STATE MANDATES
Mailing ListLast Updated: 10/3/16
Claim Number: 09TC03
Matter: Santa Ana Regional Water Permit Orange County
Claimants: City of AnaheimCity of BreaCity of Buena ParkCity of Costa MesaCity of CypressCity of Fountain ValleyCity of FullertonCity of Huntington BeachCity of IrvineCity of Lake ForestCity of Newport BeachCity of PlacentiaCity of Seal BeachCity of Villa ParkCounty of OrangeOrange County Flood Control District
TO ALL PARTIES, INTERESTED PARTIES, AND INTERESTED PERSONS:Each commission mailing list is continuously updated as requests are received to include or remove anyparty or person on the mailing list. A current mailing list is provided with commission correspondence,and a copy of the current mailing list is available upon request at any time. Except as provided otherwiseby commission rule, when a party or interested party files any written material with the commissionconcerning a claim, it shall simultaneously serve a copy of the written material on the parties andinterested parties to the claim identified on the mailing list provided by the commission. (Cal. Code Regs.,tit. 2, § 1181.3.)
Socorro Aquino, State Controller's OfficeDivision of Audits, 3301 C Street, Suite 700, Sacramento, CA 95816Phone: (916) 322[email protected]
Harmeet Barkschat, Mandate Resource Services,LLC5325 Elkhorn Blvd. #307, Sacramento, CA 95842Phone: (916) 727[email protected]
Lacey Baysinger, State Controller's OfficeDivision of Accounting and Reporting, 3301 C Street, Suite 700, Sacramento, CA 95816Phone: (916) 324[email protected]
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Shanda Beltran, General Counsel, Building Industry Legal Defense FoundationBuilding Association of Southern California, 17744 Sky Park Circle, Suite 170, Irvine, CA 92614Phone: (949) 553[email protected]
Kurt Berchtold, Executive Officer, Santa Ana Regional Water Quality Control Board3737 Main Street, Suite 500, Riverside, CA 925013348Phone: (951) 782[email protected]
Cindy Black, City Clerk, City of St. Helena1480 Main Street, St. Helena, CA 94574Phone: (707) 968[email protected]
Lisa Bond, Richards,Watson & Gershon,LLP355 South Grand Avenue, 40th Floor, Los Angeles, CA 900713101Phone: (213) 626[email protected]
Danielle Brandon, Budget Analyst, Department of Finance915 L Street, Sacramento, CA 95814Phone: (916) 445[email protected]
Allan Burdick, 7525 Myrtle Vista Avenue, Sacramento, CA 95831Phone: (916) 203[email protected]
J. Bradley Burgess, MGT of America895 La Sierra Drive, Sacramento, CA 95864Phone: (916)595[email protected]
David Burhenn, Burhenn & Gest,LLP624 S. Grand Ave., Suite 2200, Los Angeles, CA 90017Phone: (213) 629[email protected]
Gwendolyn Carlos, State Controller's OfficeDivision of Accounting and Reporting, 3301 C Street, Suite 700, Sacramento, CA 95816Phone: (916) 323[email protected]
Daniel Carrigg, Deputy Executive Director/Legislative Director, League of California Cities1400 K Street, Suite 400, Sacramento, CA 95814Phone: (916) 658[email protected]
Annette Chinn, Cost Recovery Systems,Inc.7052 East Bidwell Street, #294, Folsom, CA 95630Phone: (916) 939[email protected]
Carolyn Chu, Senior Fiscal and Policy Analyst, Legal Analyst's Office925 L Street, Sacramento, CA 95814
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Phone: (916) 319[email protected]
Michael Coleman, Coleman Advisory Services2217 Isle Royale Lane, Davis, CA 95616Phone: (530) 758[email protected]
Chris Crompton, Deputy Director of Public Works, Orange County Public WorksOrange County Environmental Resources, 2301 North Glassell Street, Orange, CA 92865Phone: (714) 955[email protected]
Marieta Delfin, State Controller's OfficeDivision of Accounting and Reporting, 3301 C Street, Suite 700, Sacramento, CA 95816Phone: (916) 322[email protected]
Terri Elliott, Principal Civil Engineer, City of Huntington BeachPublic Works Department, 2000 Main Street, PO Box 190, Huntington Beach, CA 92648Phone: (714) 3758494TElliott@surfcityhb.org
Donna Ferebee, Department of Finance915 L Street, Suite 1280, Sacramento, CA 95814Phone: (916) 445[email protected]
Adam Fischer, Santa Ana Regional Water Quality Control Board3737 Main Street, Suite 500, Riverside, CA 92501Phone: (951) 320[email protected]
Susan Geanacou, Department of Finance 915 L Street, Suite 1280, Sacramento, CA 95814Phone: (916) 445[email protected]
Howard Gest, Burhenn & Gest,LLP624 South Grand Avenue, Suite 2200, Los Angeles, CA 90402Phone: (213) 629[email protected]
Nicholas Ghirelli, Richards, Watson & Gershon355 South Grand Avenue, 40th Floor, Los Angeles, CA 900713101Phone: (213) 626[email protected]
Dillon Gibbons, Legislative Representative, California Special Districts Association1112 I Street Bridge, Suite 200, Sacramento, CA 95814Phone: (916) 442[email protected]
Juliana Gmur, 1865 Hernden Avenue, Suite K44, Clovis, CA 93611Phone: (559) 960[email protected]
Catherine George Hagan, Senior Staff Counsel, State Water Resources Control Board
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c/o San Diego Water Board, 2375 Northside Drive, Suite 100, San Diego, CA 92108Phone: (619) 521[email protected]
Kimberly HallBarlow, Jones and Mayer3777 N. Harbor Blvd., Fullerton, CA 928351366Phone: (714) 7545399khb@jonesmayer.com
Mary Halterman, Principal Program Budget Analyst, Department of FinanceLocal Government Unit, 915 L Street, Sacramento, CA 95814Phone: (916) 445[email protected]
Sunny Han, Project Manager, City of Huntington Beach2000 Main Street, Huntington Beach, CA 92648Phone: (714) 5365907Sunny.han@surfcityhb.org
Aaron Harp, City of Newport Beach100 Civic Center Drive, Newport Beach, CA 92660Phone: (949) 644[email protected]
Steven Hauerwaas, City of Fountain Valley10200 Siater Avenue, Fountain Valley, CA 927084736Phone: (714) 593[email protected]
Jarad Hildenbrand, City Manager, City of Villa Park17855 Santiago Boulevard, Villa Park, CA 92861Phone: (714) 998[email protected]
Michael Ho, City of Seal Beach211 Eight Street, Seal Beach, CA 90740Phone: (562) 431[email protected]beach.ca.us
Dorothy Holzem, Legislative Representative, California State Association of Counties1100 K Street, Suite 101, Sacramento, CA 95814Phone: (916) 327[email protected]
Travis Hopkins, City of Huntington Beach2000 Main Street, Huntington Beach, CA 92648Phone: (714) 5365437THopkins@surfcityhb.org
Justyn Howard, Program Budget Manager, Department of Finance915 L Street, Sacramento, CA 95814Phone: (916) 445[email protected]
Thomas Howard, Executive Director, State Water Resources Control BoardP.O. Box 2815, Sacramento, CA 958122815Phone: (916) 341[email protected]
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Mark Ibele, Senate Budget & Fiscal Review CommitteeCalifornia State Senate, State Capitol Room 5019, Sacramento, CA 95814Phone: (916) 651[email protected]
David Jacobs, Director of Public Works, City of Buena Park6650 Beach Boulevard, Buena Park, CA 90621Phone: (714) 562[email protected]
Edward Jewik, County of Los Angeles AuditorController's Office, 500 W. Temple Street, Room 603, Los Angeles, CA 90012Phone: (213) 974[email protected]
Matt Jones, Commission on State Mandates980 9th Street, Suite 300, Sacramento, CA 95814Phone: (916) 323[email protected]
Jeremy Jungreis, Attorney, Rutan & Tucker, LLP611 Anton Boulevard, 14th Floor, Costa Mesa, CA 92626Phone: (714) 338[email protected]
Jill Kanemasu, State Controller's OfficeDivision of Accounting and Reporting, 3301 C Street, Suite 700, Sacramento, CA 95816Phone: (916) 322[email protected]
Anne Kato, State Controller's OfficeDivision of Accounting and Reporting, 3301 C Street, Suite 700, Sacramento, CA 95816Phone: (916) 324[email protected]
Anita Kerezsi, AK & Company3531 Kersey Lane, Sacramento, CA 95864Phone: (916) 972[email protected]
Dave Kiff, City of Newport Beach100 Civic Center Drive, Newport Beach, CA 92660Phone: (949) 644[email protected]
Jay Lal, State Controller's Office (B08)Division of Accounting & Reporting, 3301 C Street, Suite 700, Sacramento, CA 95816Phone: (916) 324[email protected]
Michael Lauffer, Chief Counsel, State Water Resources Control Board1001 I Street, 22nd Floor, Sacramento, CA 958142828Phone: (916) 341[email protected]
Candice Lee, Richards,Watson & Gershon,LLP355 South Grand Avenue, 40th Floor, Los Angeles, CA 90071
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Phone: (213) 626[email protected]
Keith Linker, City of AnaheimPublic Works, 200 S. Anaheim Boulevard, Anaheim, CA 92805Phone: (714) 765[email protected]
Hortensia Mato, City of Newport Beach100 Civic Center Drive, Newport Beach, CA 92660Phone: (949) 644[email protected]
Michelle Mendoza, MAXIMUS17310 Red Hill Avenue, Suite 340, Irvine, CA 95403Phone: (949) 440[email protected]
Meredith Miller, Director of SB90 Services, MAXIMUS3130 Kilgore Road, Suite 400, Rancho Cordova, CA 95670Phone: (972) 490[email protected]
Andre Monette, Partner, Best Best & Krieger, LLP2000 Pennsylvania NW, Suite 5300, Washington, DC 20006Phone: (202) 785[email protected]
Richard Montevideo, Rutan & Tucker,LLP611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626Phone: (714) 641[email protected]
Peter Naghavi, City of Costa Mesa77 Fair Drive, Costa Mesa, CA 92628Phone: (714) 754[email protected]mesa.ca.us
Geoffrey Neill, Senior Legislative Analyst, Revenue & Taxation, California State Association ofCounties (CSAC)1100 K Street, Suite 101, Sacramento, CA 95814Phone: (916) 327[email protected]
Kimberly Nguyen, MAXIMUS3130 Kilgore Road, Suite 400, Rancho Cordova, CA 95670Phone: (916) 471[email protected]
Andy Nichols, Nichols Consulting1857 44th Street, Sacramento, CA 95819Phone: (916) 4553939andy@nicholsconsulting.com
Arthur Palkowitz, Artiano Shinoff2488 Historic Decatur Road, Suite 200, San Diego, CA 92106Phone: (619) 232[email protected]
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Trung Phan, City of Fullerton303 W. Commonwealth Ave., Fullerton, CA 92832Phone: (714) 738[email protected]
Jai Prasad, County of San BernardinoOffice of AuditorController, 222 West Hospitality Lane, 4th Floor, San Bernardino, CA 924150018Phone: (909) 386[email protected]
Mark Rewolinski, MAXIMUS808 Moorefield Park Drive, Suite 205, Richmond, VA 23236Phone: (949) 440[email protected]
David Rice, State Water Resources Control Board1001 I Street, 22nd Floor, Sacramento, CA 95814Phone: (916) 341[email protected]
Ivette Rodriguez, City of Placentia401 East Chapman Avenue, Placentia, CA 92870Phone: (714) 993[email protected]
Nick Romo, Policy Analyst, League of California Cities1400 K Street, Suite 400, Sacramento, CA 95814Phone: (916) 658[email protected]
Carla Shelton, Commission on State Mandates980 9th Street, Suite 300, Sacramento, CA 95814Phone: (916) 327[email protected]
Wayne Shimabukuro, County of San BernardinoAuditor/ControllerRecorderTreasurerTax Collector, 222 West Hospitality Lane, 4th Floor, SanBernardino, CA 924150018Phone: (909) 386[email protected]
Jennifer Shook, County of Orange OC Public Works DepartmentOC Watersheds Program Stormwater External, 2301 N. Glassell Street, Orange, CA 92865Phone: (714) 955[email protected]
Shane Silsby, Director of Public Works, County of Orange300 North Flower Street, Santa Ana, CA 92703Phone: (714) 667[email protected]
Jim Spano, Chief, Mandated Cost Audits Bureau, State Controller's OfficeDivision of Audits, 3301 C Street, Suite 700, Sacramento, CA 95816Phone: (916) 323[email protected]
Dennis Speciale, State Controller's Office
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Division of Accounting and Reporting, 3301 C Street, Suite 700, Sacramento, CA 95816Phone: (916) 324[email protected]
Cristina Talley, City of AnaheimPublic Works, 200 S. Anaheim Boulevard #356, Anaheim, CA 92805Phone: (714) 765[email protected]
Jolene Tollenaar, MGT of America2251 Harvard Street, Suite 134, Sacramento, CA 95815Phone: (916) 443[email protected]
Eric Tolles, City of IrvineOne Civic Center Plaza, Irvine, CA 92623Phone: (949) 724[email protected]
Evelyn Tseng, City of Newport Beach100 Civic Center Drive, Newport Beach, CA 92660Phone: (949) 644[email protected]
Gonzalo Vazquez, City of CypressDepartment of Public Works, 5275 Orange Avenue, Cypress, CA 90630Phone: (714) 229[email protected]
Charlie View, City of Brea1 Civic Center Circle, Brea, CA 95821Phone: (714) 990[email protected]
Michael Vigliotta, City of Huntington Beach2000 Main Street, Huntington Beach, CA 92648Phone: (714) 5365555MVigliotta@surfcityhb.org
David Webb, City of Newport Beach100 Civic Center Drive, Newport Beach, CA 92660Phone: (949) 644[email protected]
Renee Wellhouse, David Wellhouse & Associates, Inc. 3609 Bradshaw Road, H382, Sacramento, CA 95927Phone: (916) 7974883dwa[email protected]
Jennifer Whiting, Assistant Legislative Director, League of California Cities1400 K Street, Suite 400, Sacramento , CA 95814Phone: (916) 658[email protected]
Patrick Whitnell, General Counsel, League of California Cities1400 K Street, Suite 400, Sacramento, CA 95814Phone: (916) 658[email protected]
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Julia Woo, Deputy County Counsel, County of OrangeClaimant Representative333 West Santa Ana Blvd, Santa Ana, CA 927021379Phone: (714) 834[email protected]
Robert Woodings, City of Lake Forest25550 Commercenter Dr, Suite 100, Lake Forest, CA 92630Phone: (949) 461[email protected]
Hasmik Yaghobyan, County of Los AngelesAuditorController's Office, 500 W. Temple Street, Room 603, Los Angeles, CA 90012Phone: (213) 974[email protected]